You may not use, copy, print, modify, adapt, create derivative works from, market, deliver, rent, lease, sublicense, make, have made, assign, pledge, transfer, sell, offer to sell, import, reproduce, distribute, publicly perform, publicly display or otherwise grant rights to the Software, or any copy thereof, in whole or in part, except as expressly permitted under this Agreement.
You may not reverse engineer, disassemble, decompile or translate the Software, or otherwise attempt to derive the source code, structural framework or the data records of the Software, or authorize any third party to do any of the foregoing. You may not loan, resell or distribute the Software, or any part thereof, in any way. Eligibility to Use.
You must be eighteen 18 years of age or the age of majority in your jurisdiction, whichever is greater, to use the Software. By using the Software, you hereby affirm and warrant that you comply with these age requirements and can lawfully comply with this Agreement. Anyone under the age of eighteen 18 or the age of majority in the applicable jurisdiction, whichever is greater, who accesses the Software in violation of this Agreement will be banned from using the Software and any Savage Code, LLC services and may be the subject of additional action from Savage Code, LLC.
Savage Code, LLC or its licensors and suppliers own all rights, title and interest in the Software including, but not limited, to all copyrights, patents, patent applications, trade secrets, trademarks, source code, text and any images, photographs, icons, graphics, animations, video, audio, music, and all other materials incorporated within the Software , and the Software is protected by U.
The Software is licensed, not sold, to you for use only under the terms and conditions of this Agreement. Savage Code, LLC reserves all rights not expressly granted to you. Personal Information. You agree to indemnify and hold Savage Code, LLC and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: Your rights under this Agreement shall terminate automatically without notice from Savage Code, LLC if you violate any of the terms of this Agreement.
Upon termination of this Agreement, all license rights granted to you shall immediately terminate, but all other provisions of this Agreement shall survive termination.
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Dealings with Advertisers. Your dealings with, or participation in promotions of, advertisers found on or through the Software, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Savage Code, LLC shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealings. The Software or third parties may provide links to other websites or resources. Because Savage Code, LLC has no control over such sites and resources, you acknowledge and agree that Savage Code, LLC is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources.
Changes to Software. Savage Code, LLC reserves the right to modify or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to you.
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Copyright Infringement Notice. Savage Code, LLC, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim attributable to the Software. Agent for Notice of Copyright Claims: Noir Support E-mail: Legal Compliance. You represent and warrant that you are not: Government embargo, or that has been designated by the U. Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List.
Governing Law. This Agreement and your relationship with Savage Code, LLC under this Agreement shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of New York, without regard to conflict of laws principles. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator.
For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the County and State of New York or the city in the United States in which you reside.
The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction. Before submitting a Claim to arbitration pursuant to this Section 17, you must first submit the Claim to Savage Code, LLC for informal resolution through noir savage-code. If you and Savage Code, LLC are unable to resolve the Claim informally within sixty 60 days, then we each may submit the Claim to arbitration.
If you reject the last written settlement offer made by Savage Code, LLC before the arbitrator was appointed and the arbitrator awards you an amount greater than this last written settlement offer, then Savage Code, LLC will pay: Notwithstanding anything to the contrary, you and Savage Code, LLC may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.
Such provision shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts of this Agreement. You may not assign any of your rights or obligations under this agreement to another party without the express written consent of Savage Code, LLC. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. We take reasonable precautions to protect personal information from loss, misuse, unauthorized access, disclosure, alteration and destruction.
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